Last month, Chief Judge Colleen McMahon of the U.S. District
Court for the Southern District of New York issued an opinion, U.S.
v. Connolly, that could have significant implications for how
companies cooperate in government investigations.
Following a trial, defendant Gavin Black was convicted of wire
fraud and conspiracy to commit wire fraud and bank fraud in the
well-known Libor manipulation scheme. Black argued that his
conviction should be vacated and the indictment dismissed because
interview statements he made to attorneys representing his
employer, Deutsche Bank were "fairly attributable to the
Government" and "compelled," in violation of his
Fifth Amendment right against self-incrimination.
